Employment Discrimination California anti-discrimination laws and federal/civil rights laws provide extensive protection for employees from discrimination in the workplace. If you have been denied employment, promotion, discipline, or discharge from employment because of your race, color, ethnicity, national origin, age, gender, sexual orientation, disability status, veteran status, or religion, Ms. Holguin can help. If you are suffering sexual harassment on the job, Ms. Holguin can assist you. If you are having disagreements with your employer over use of the Family and Medical Leave Act, contact Ms. Holguin.
Sometimes employees become aware of violations of law during their employment. The False Claims Act - federal and state laws - protect whistleblowers from retaliation for reporting these violations.
There are many California laws which protect employees from retaliation: Labor Code 6310 prohibits retaliation for complaining about safety or health conditions or practices, and Labor Code 6311 prohibits retaliation against employees for refusing to perform work if the work would violate OSHA and where the violation would create a real hazard to the employee or his/her co-workers. Health and Safety Code Section 1278.5 prohibits health facilities from retaliating against employees or patients who file reports or initiate, participate in, or cooperate in investigations relating to quality of care, services, or conditions at an accredited health facility. Sarbanes-Oxley Act and the Dodd-Frank Act are federal anti-fraud laws dealing with the reportinging of corrupt corporate practices. Finally, Labor Code Section 1102.5 prohibits retaliation for disclosing information to a government or law enforcement agency or to a supervisor or company person responsible for investigating noncomplian where the employee believes that the information discloses violation of state or federal law.
If you are going to "blow the whistle," you need to understand whether your disclosures are "legally protected" as well as the complex maze of federal and state laws that govern your conduct to ensure that you get the best legal protection as well as compensation.
Wage and Hour Claims Employees may not be paid wages, overtime, sick time or vacation in accordance with California or federal law, or they may be labeled as exempt from overtime when in fact, they are not. Proper and full wages also need to be paid at time of involuntry termination. Note that new US Department of Labor regulations are increasing salary levels related to overtime exemptions for managers effective 12/1/2016. If you are having wage and hour issues, Ms. Holguin can help.
Mandatory Sick Pay
Effective July 1, 2015 and amendments effective July 13, 2015 required every employer to provide sick leave and to notify its employees of the policy and accrual method. Employers with 25 or more employees also must permit employees to take time off from work for school or or child care related activities.
Gender Wage Equity
The Fair Pay Act revises Labor Code 1197.5 by eliminating the requirement that the pay difference be "within the same establishment" and eliminates use of the terms "equal work" for "equal skill, effort, and responsibility.
In addition to the federal NLRA, under this state law no employer can terminate, discriminate, or retaliate against any employee who exercises his/her rights and assistan others, including, no prohibitions about telling anyone your wages, although you are not obligated to when asked.
Wrongful Termination Terminations are considered wrongful if they are based on a violation of law, such as violation federal or state discrimination laws, or retaliation for reporting violations of law or perceived discrimination, among many other public policy reasons.
Labor and Union Issues Employees covered by the National Labor Relations Act are afforded certain rights to join together to improve their wages and working conditions, with or without a union. Employees have the right to attempt to form a union where none currently exists. The National Labor Relations Board also protects the rights of non-union employees to engage in “concerted activity” which is when two or more employees take action for their mutual aid or protection regarding the terms and conditions of their employment.